Wilson v. Loew, No. 33

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; DOUGLAS
Citation355 U.S. 597,2 L.Ed.2d 519,78 S.Ct. 526
Docket NumberNo. 33
Decision Date03 March 1958
PartiesMichael WILSON, Gale Sondergard, Howard Da Silva, et al., Petitioners, v. LOEW'S Incorporated, a Corporation, Paramount Pictures, Inc., a Corporation, et al

355 U.S. 597
78 S.Ct. 526
2 L.Ed.2d 519
Michael WILSON, Gale Sondergard, Howard Da Silva, et al., Petitioners,

v.

LOEW'S Incorporated, a Corporation, Paramount Pictures, Inc., a Corporation, et al.

No. 33.
March 3, 1958.

Messrs. Robert W. Kenny and Ben Margolis (Mr. Samuel Rosenwein, on the brief), for petitioners.

Messrs. Irving M. Walker and Herman F. Selvin, for respondents Loew's Incorporated and others.

Messrs. Guy Richards Crump and Henry W. Low, for respondents Doyle and others.

Messrs. Edward J. Ennis and A. L. Wirin, for American Civil Liberties Union, as amicus curiae.

Page 598

PER CURIAM.

The writ is dismissed as improvidently granted because the judgment rests on an adequate state ground.

Mr. Justice DOUGLAS, dissenting.

By demurrer to petitioners' complaint, the respondents in this case admitted that they agreed with each other to exclude from employment all persons who refused, on the grounds of the Fifth Amendment, to answer questions concerning their political associations and beliefs put by the Un-American Activities Committee of the House of Representatives.

The complaint alleged, and the demurrer thereby conceded, that petitioners had considerable experience in the motion-picture industry; and that respondents directly or indirectly controlled all motion-picture production and distribution in the United States and all employment opportunities therein. The California court sustained the demurrer on the ground that petitioners had not 'alleged that but for defendants' alleged interference any one of plaintiffs would, or even probably or possibly would, have been employed in the industry.' 142 Cal.App.2d 183, 195, 298 P.2d 152, 160.

This ruling on California law should result in a reversal of this judgment.

This is a case of alleged interference with the pursuit of an occupation, not an alleged interference with a particular contract or business relationship. The California cases on interference with the 'right to work' are broad in scope. In James v. Marinship Corp., 25 Cal.2d 721, 155 P.2d 329, 160 A.L.R. 900, the California Supreme Court held that a union could not exclude Negroes from membership in the union when at the same time there was a closed shop in the industry. The Marinship case was later followed in Williams v. International Brotherhood, 27 Cal.2d 586, 165 P.2d 903, where some of the plaintiffs were former

Page 599

employees. No showing of the possibility of employment was made. In...

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7 practice notes
  • Arrow Lakes Dairy, Inc. v. Gill, Civ. No. 8918.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • December 27, 1961
    ...compliance with other conditions for a permit before one can object to a denial on a particular ground. Wilson et al. v. Loew's, Inc., 355 U.S. 597, 78 S.Ct. 526, 2 L.Ed.2d 519 (1958); Cf. Columbia Terminals v. Lambert (D.C.E.D.Mo. 1939), 30 F.Supp. 28, vacated 309 U.S. 620, 60 S.Ct. 471, 8......
  • Zacchini v. Broadcasting Company, SCRIPPS-HOWARD
    • United States
    • United States Supreme Court
    • June 28, 1977
    ...on an independent and adequate state ground, the writ of certiorari should be dismissed as improvidently granted, Wilson v. Loew's Inc., 355 U.S. 597, 78 S.Ct. 526, 2 L.Ed.2d 519 (1958), for '(o)ur only power over state judgments is to correct them to the extent that they incorrectly adjudg......
  • Supreme Court Behavior and Civil Rights
    • United States
    • Political Research Quarterly Nbr. 13-2, June 1960
    • June 1, 1960
    ...Board of Education of the City of Philadelphia, 357 U.S. 399 (1958); Abramowitz v. Brucker, 355 U.S. 578 (1958); Wilson v. Leow’s, 355 U.S. 597 (1958); First Unitarian Church v. Los Angeles, 357 U.S. 545 (1958); Valley Unitarian Church v. Los Angeles, 357U.S. 545 (1958); Speiser v. Randall,......
  • Saltares v. Kristovich
    • United States
    • California Court of Appeals
    • April 10, 1970
    ...555, 63 Cal.Rptr. 31, 432 P.2d 727); Wilson v. Loew's Inc. (1956) 142 Cal.App.2d 183, 187--188, 298 P.2d 152, writ of certiorari dismissed 355 U.S. 597, 78 S.Ct. 526, 2 L.Ed.2d 519.) '(A) complaint otherwise good on its face is nevertheless subject to demurrer when facts judicially noticed ......
  • Request a trial to view additional results
6 cases
  • Arrow Lakes Dairy, Inc. v. Gill, Civ. No. 8918.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • December 27, 1961
    ...compliance with other conditions for a permit before one can object to a denial on a particular ground. Wilson et al. v. Loew's, Inc., 355 U.S. 597, 78 S.Ct. 526, 2 L.Ed.2d 519 (1958); Cf. Columbia Terminals v. Lambert (D.C.E.D.Mo. 1939), 30 F.Supp. 28, vacated 309 U.S. 620, 60 S.Ct. 471, 8......
  • Zacchini v. Broadcasting Company, SCRIPPS-HOWARD
    • United States
    • United States Supreme Court
    • June 28, 1977
    ...on an independent and adequate state ground, the writ of certiorari should be dismissed as improvidently granted, Wilson v. Loew's Inc., 355 U.S. 597, 78 S.Ct. 526, 2 L.Ed.2d 519 (1958), for '(o)ur only power over state judgments is to correct them to the extent that they incorrectly adjudg......
  • Saltares v. Kristovich
    • United States
    • California Court of Appeals
    • April 10, 1970
    ...555, 63 Cal.Rptr. 31, 432 P.2d 727); Wilson v. Loew's Inc. (1956) 142 Cal.App.2d 183, 187--188, 298 P.2d 152, writ of certiorari dismissed 355 U.S. 597, 78 S.Ct. 526, 2 L.Ed.2d 519.) '(A) complaint otherwise good on its face is nevertheless subject to demurrer when facts judicially noticed ......
  • Marocco v. Ford Motor Co.
    • United States
    • California Court of Appeals
    • April 29, 1970
    ...(1964) 226 Cal.App.2d 378, 403, 38 Cal.Rptr. 183; Wilson v. Loew's, Inc. (1956) 142 Cal.App.2d 183, 188, 298 P.2d 152 (cert. dis. (1958) 355 U.S. 597, 78 S.Ct. 526, 2 L.Ed.2d 519); Witkin, Cal.Evidence (2d ed. 1966) § 167, pp. [7 Cal.App.3d 89] 153--154.) The defendant does not seriously qu......
  • Request a trial to view additional results
1 books & journal articles
  • Supreme Court Behavior and Civil Rights
    • United States
    • Political Research Quarterly Nbr. 13-2, June 1960
    • June 1, 1960
    ...Board of Education of the City of Philadelphia, 357 U.S. 399 (1958); Abramowitz v. Brucker, 355 U.S. 578 (1958); Wilson v. Leow’s, 355 U.S. 597 (1958); First Unitarian Church v. Los Angeles, 357 U.S. 545 (1958); Valley Unitarian Church v. Los Angeles, 357U.S. 545 (1958); Speiser v. Randall,......

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